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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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In this Federal Register Notice, the State of Michigan petitions U. S. EPA to
remove Rule 901 from the federally approved State Implementation Plant for
the control of air pollution in Michigan. Rule 901 is the rule that
prohibits air
pollution which interferes with the comfortable enjoyment of life and property
and which adversely affects health.
Could this be the first step in a proposed Michigan repeal of Rule 901?????
....another step in Russ Harding's campaign to make Michigan environmental
protection programs fit the Louisiana/Texas/Indiana/Ohio mold??
Or is this being done to keep Rule 901 from being federally enforceable in
proposed operating permits under the Federal Clean Air Act???
Rule 901 is widely used by citizens to claim violations concerning odors
and air pollution nuisances....
Note it was Michigan that initiated the proposed removal from the Federal
SIP.
Any person can stop this direct final rule by filing an adverse comment by
June 18, 1998, although the comment should lay out a detailed basis why
Rule 901 ought to be part of the federal implementation plan.
Alex Sagady
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[Federal Register: May 19, 1998 (Volume 63, Number 96)]
[Rules and Regulations]
[Page 27492-27494]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my98-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI67-01-7275; FRL-6003-6]
Approval and Promulgation of Implementation Plans; Michigan
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Environmental Protection Agency (EPA) is promulgating a
correction to the State Implementation Plan (SIP) for the State of
Michigan regarding the State's emission limitations and prohibitions
for air contaminant or water vapor. EPA has determined that this rule
was erroneously incorporated into the SIP. EPA is removing this rule
from the approved Michigan SIP because the rule does not have a
reasonable connection to the national ambient air quality standards
(NAAQS) and related air quality goals of the Clean Air Act. The
intended effect of this correction to the SIP is to make the SIP
consistent with the requirements of the Clean Air Act, as amended in
1990 (``the Act''), regarding EPA action on SIP submittals and SIPs for
national primary and secondary ambient air quality standards.
DATES: This rule is effective on July 20, 1998 unless the Agency
receives
[[Page 27493]]
relevant adverse comments by June 18, 1998. Should the Agency receive
such comments, it will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following location: United States Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Victoria Hayden at (312)
886-4023 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Victoria Hayden, Regulation
Development Section (AR-18J), Air Programs Branch, Air and Radiation
Division, United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)
886-4023.
SUPPLEMENTARY INFORMATION:
I. Correction to SIP
In a letter dated January 29, 1998, the Michigan Department of
Environmental Quality raised the issue of whether Michigan's air
quality Administrative Rule, R336.1901 (Rule 901) had a reasonable
connection to the NAAQS-related air quality goals of the Act, and
whether it properly was approved into the Michigan SIP. Rule 901 is a
general rule that prohibits the emission of an air contaminant which is
injurious to human health or safety, animal life, plant life of
significant economic value, property, or which causes unreasonable
interference with the comfortable enjoyment of life and property. In
the January 29, 1998 letter, Michigan states that Rule 901 is a State
rule that has been primarily used to address odors and other local
nuisances. According to the State, Rule 901 historically has not been
used to attain nor maintain any NAAQS nor to satisfy any other
provision of the Act and, therefore, does not belong in the SIP. EPA,
pursuant to section 110(k)(6), is agreeing to correct the SIP since
Rule 901 is not reasonably connected to the NAAQS-related air quality
goals of the Act.
Section 110(k)(6) of the amended Act provides: Whenever the
Administrator determines that the Administrator's action approving,
disapproving, or promulgating any plan or plan revision (or part
thereof), area designation, redesignation, classification, or
reclassification was in error, the Administrator may in the same
manner as the approval, disapproval, or promulgation revise such
action as appropriate without requiring any further submission from
the State. Such determination and the basis thereof shall be
provided to the State and public.
Since the State of Michigan's Rule 901 has no reasonable connection to
the NAAQS-related air quality goals of the Act, and since the State has
requested that EPA remove this rule from the approved SIP, EPA has
found the approval of this State rule was in error. Consequently, EPA
is removing Rule 901 of the Michigan air quality Administrative Rules
from the approved Michigan SIP pursuant to section 110(k)(6).
II. EPA Final Rulemaking Action
The EPA is removing Rule 901 of the Michigan air quality
Administrative Rules from the approved Michigan SIP pursuant to section
110(k)(6) of the Act.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective July
20, 1998, without further notice unless the Agency receives relevant
adverse comments by June 18, 1998.
If the EPA receives such comments, then EPA will publish a timely
withdrawal of the final rule and informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on the proposed rule.
Only parties interested in commenting on the proposed rule should do so
at this time. If no such comments are received, the public is advised
that this action will be effective on July 20, 1998 and no further
action will be taken on the proposed rule.
III. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget has exempted this regulatory
action from E.O. 12866 review.
B. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
In this action, EPA is removing certain prohibitions from the
federally enforceable SIP. Therefore, because EPA is not imposing any
new requirements, the Administrator certifies that it does not have a
significant impact on any small entities affected. Moreover, due to the
nature of the Federal-State relationship under the Act, preparation of
a flexibility analysis would constitute Federal inquiry into the
economic reasonableness of state action. The Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. EPA,
427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
D. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that this action does not include a Federal
mandate that may result in estimated costs of $100 million or more to
either state, local, or tribal governments in the aggregate, or to the
private sector. This Federal action removes from the federally
enforceable SIP certain prohibitions on the emission of air
contaminants, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or to the
private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in
[[Page 27494]]
today's Federal Register. This rule is not a ``major'' rule as defined
by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 20, 1998. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Reporting and
recordkeeping.
Dated: April 8, 1998.
Michelle D. Jordan,
Acting Regional Administrator, Region 5.
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C 7401 et seq.
Subpart X-Michigan
2. Section 52.1174 is amended by adding paragraph (q) to read as
follows:
Sec. 52.1174 Control strategy: Ozone.
* * * * *
(q) Correction of approved plan--Michigan air quality
Administrative Rule, R336.1901 (Rule 901)--Air Contaminant or Water
Vapor, has been removed from the approved plan pursuant to section
110(k)(6) of the Clean Air Act (as amended in 1990).
[FR Doc. 98-13295 Filed 5-18-98; 8:45 am]
BILLING CODE 6560-50-P
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NEW EMAIL ADDRESS!!! ajs@sagady.com
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Alex J. Sagady & Associates Email: ajs@sagady.com
Environmental Consulting and Database Systems
PO Box 39 East Lansing, MI 48826-0039
(517) 332-6971 (voice); (517) 332-8987 (fax)
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